Orissa Court January 1984 Judgments
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Utkal Automobiles Pvt. Ltd. Vs. State of Orissa
Court: Orissa
Decided on: Jan-13-1984
Reported in: 57(1984)CLT174; [1984]56STC46(Orissa)
J.K. Mohanty, J. 1. These are references under Section 24(1) of the Orissa Sales Tax Act, 1947 (hereinafter called the 'Act'), by the Sales Tax Tribunal, Orissa. The following questions have been referred for the opinion of this Court:(1) Whether on the facts and in the circumstances of the case the initiation of proceeding under Section 12(8) is bad in law ?(2) Whether on the facts and in the circumstances of the case the order of the Tribunal is based on an error apparent on the face of the records and hence liable to be set aside ?(3) Whether on the facts and in the circumstances of the case the Tribunal has rightly acted in accordance with the proviso to - Sub-section (3)(a) of Section 23 of the Orissa Sales Tax Act by condoning the delay in the matter of filing the second appeal ?(4) Whether on the facts and in the circumstances of the case the Tribunal acted without considering the material on record in disallowing the claim of deduction claimed by the petitioner and in allowing ...
New India Assurance Co. Vs. Budhei Bewa and ors.
Court: Orissa
Decided on: Jan-12-1984
Reported in: AIR1985Ori191
P.C. Misra, J.1. This appeal arises out of the judgment of the Motor Accident Claims Tribunal, Dhenkanal in Motor Accident Claim Misc. Case No. 6 of 1974. The petitioners before the Tribunal were the widow and the children of deceased Bidura Behera who claimed a compensation under Section 110A of the Motor Vehicles Act.2. The case of the petitioners, in short, is that the deceased was working as a day labourer in loading and unloading bamboos in the truck bearing registration No. ORC/4925. On 13-5-74 at about 7.00 p.m., the deceased was proceeding to Hindol Road Railway Station depot in the truck to unload the bamboos. The truck had to pass through the western level crossing of the railway line and while going through the said level crossing a railway engine running without light andwhistle dashed against the aforesaid truck as a consequence of which the truck was dragged on to a distance and resulted in instantaneous death of the deceased. It was claimed that at the relevant time, the...
Smt. Parimal Sen and ors. Vs. Prafulla Kumar Sen
Court: Orissa
Decided on: Jan-12-1984
Reported in: AIR1985Ori286
G.B. Patnaik, J.1. Defendants-appellants have challenged the judgment and decree of the First Additional Subordinate Judge, Cuttack, in Title Appeal No. 51 of 1975 who by the impugned judgment has confirmed the judgment and decree passed by the Munsif, First Court, Cuttack, in Title Suit No. 34 of 1971.2. Plaintiff Prafulla Kumar Sen filed the suit for eviction of the defendants with respect to two rooms and for realisation of arrear of licence fee amounting to Rs. 944/-. Plaintiff averred that he and Pramath Nath, the husband of defendant No. 1 and the father of defendants 2 to 5 were two brothers, Pramath sold the suit property to the plaintiff by a registered sale deed dt. 3-8-1945. Prafulla filed Title Suit No. 59 of 1963 for a declaration that the said sale deed was genuine, for consideration and on that basis he had acquired title and possession and further he had prayed forconfirmation of possession and for restraining Pramath Nath from making any construction over the suit land...
Ananta Kumar Bose and ors. Vs. State of Orissa and ors.
Court: Orissa
Decided on: Jan-11-1984
Reported in: AIR1986Ori151
J.K. Mohanty, J. 1. The three petitioners, who were initially appointed as Sub-Deputy Collectors (members of Orissa Subordinate Administrative Service, for short O. S. A. S.-III) and were integrated into Orissa Administrative Service Class-II (for short O. A. S.-II) by Government Resolution dated 21-12-73 (Annexure-2), have prayed for quashing of the Government decision regarding their seniority as contained in Annexure-14 and for a direction that they should be placed over the direct recruits as well as the promotees of the years 1970 and 1971.2. The petitioners' case is as follows: --Prior to 7-1-1972 there were two cadres, namely, O. A. S.-II and O. S: A. S.-III. The members of O. A. S.-II were known as Deputy Collectors and those of O. S. A. S.-III as Sub-Deputy Collectors. Recruitment to O. A. S.-II was regulated by a set of rules known as Orissa Administrative Service Class-II (Recruitment) Rules, 1959 (in short the Recruitment Rules of 1959) and recruitment to O. S. A. S.-III wa...
Smt. Usarani Das Vs. Bhaktahari Mohanty and ors.
Court: Orissa
Decided on: Jan-09-1984
Reported in: AIR1984Ori97; 1984(I)OLR547
P.C. Misra, J.1. The plaintiff in O. S. No. 216 of 1968 who is defendant No. 2 in O. S. No. 6 of 1969 is appellant in both these appeals. Both the aforesaid suits were heard analogously and were disposed of by a common judgment by the Munsif, Bhadrak in his judgment dated 25-2-1975. The defendants in O. S. No. 6 of 1969 preferred T. A. No. 10 of 1975 and the plaintiff in O. S. No. 216 of 1968 preferred T. A. No. 11 of 1975 and both the appeals were disposed of by the Subordinate Judge, Bhadrak by a common judgment. The plaintiff in O. S. No. 216 of 1968 has filed both these Second Appeals against the judgment of the Subordinate Judge, Badrak passed in both the appeals.2. In O. S. No. 216 of 1968, the plaintiff's suit was for a declaration of title, confirmation of possession, demarcation of the northern boundary line and for permanent injunction against the defendants in respect of a strip of land measuring Ac. 0.255 decimals appertaining to northern portion of Plot No. 76 under Khate ...
Hardayal Govind Prasad Vs. State of Orissa
Court: Orissa
Decided on: Jan-06-1984
Reported in: [1985]58STC77(Orissa)
J.K. Mohanty, J.1. As directed by this Court, the Member, Sales Tax Tribunal, has stated a case and referred the following question under Section 24(2) of the Orissa Sales Tax Act, 1947 (hereinafter called the 'Act'):Whether on the facts and in the circumstances of the case the enhancement of the turnover by Rs. 2,50,000 is arbitrary after rejection of accounts 2. This reference relates to the assessment year 1973-74. The assessee carries on business in grocery articles, pulses, oil-seeds, mohua flowers, seasonal goods and oils of different varieties on wholesale basis. He disclosed gross turnover and taxable turnover at Rs. 84,83,065.52 and Rs. 7,10,068.38 respectively, which were not accepted to be true and correct. The Sales Tax Officer determined the gross turnover at Rs. 89,93,065 and taxable turnover at Rs. 11,11,256.60. He rejected the books of account on the following grounds:On detailed verification of his books of accounts, it was revealed that all his local purchases of seas...
Naba Kishore Das and anr. Vs. Umakanta Mohapatra and ors.
Court: Orissa
Decided on: Jan-05-1984
Reported in: AIR1985Ori222
P.C. Misra, J.1. This is an appeal under Order 43, Rule 1(r) of the Civil P. C. (for short, 'the Code') by defendant Nos. 1 and 2 in O. S. No. 127 of 1980-I of the Court of the Subordinate Judge, Bhadrak.2. The respondents have filed the aforesaid suit against the present appellants and some others praying for permanent injunction in respect of the lands described in schedule 'Ka' of the plaint restraining them from interfering with the possession of the plaintiffs and in the alternative, for partition of the properties in Schedule 'Kha' of the plaint. An application for temporary injunction was filed under the provisions of Order 39, Rules 1 and 2 of the Code registered as Misc. Case No. 147 of 1980 and the trial court was pleased to pass an ad interim order of injunction on 9-10-1980 ex parte. Thereafter notice of injunction was issued pursuant to which the present appellants made their appearance in the court and filed then-objection against the grant of injunction. The matter was f...
Orient Paper Mills Ltd. Vs. Union of India (Uoi)
Court: Orissa
Decided on: Jan-02-1984
Reported in: AIR1984Ori156
Behera, J.1. This appeal has been directed against the judgment and decree passed by the learned Subordinate Judge, Sambalpur, dismissing the appellant's suit against the respondent for damages to the tune of Rs. 10.729.66 paise with costs and future and pendente lite interest, The case of the appellant was that a consignment containing a caustic soda lve in tank wagon No. CR-43595 was booked under invoice No. 31. R.R. No. 145457 dated 18-8-1969 by the consignor Jayshree Chemicals Ltd. and the wagon was loaded at the private siding of the consignor at Ganiam. This consignment was placed at the siding of the appellant-company on 23-8-1969 and it was found to be completely empty. The wagon was without any seal and label. The non-delivery of the entire caustic soda lve was, according to the appellant, due to the gross negligence and misconduct of the railway administration and after protracted correspondence with the railway administration claiming damages without any result, the suit was...
Harihar Pati Vs. Dyetary Khhtoi and Etc.
Court: Orissa
Decided on: Jan-02-1984
Reported in: AIR1984Ori138; 57(1984)CLT290
ORDERP.C. Misra, J. 1. Both these revision applications involved identical questions of law and have, therefore, been heard analogously and are disposed of by this common judgment.2. Civil Revision No. 514 of 1980arises out of O. S. No. 83 of 1976-11 ofthe Court of the Munsif, Puri, for realisation of Rs. 1286/- from the oppositeparty-defendant advanced to him asloan. The defendant took several adjournments to file the written statementand when no written statement wasfiled, the learned Munsif ultimately posted the case to 21-3-1977 for ex partehearing and directed the plaintiff to filethe required certificate under Section 18-Bof the Orissa Money-Lenders Act, 1939(for short, 'the Act'). On the adjourneddate, the plaintiff did not file the certificate under Section 18-B of the Act andthe learned Munsif passed an order thatthe suit had abated. The present petitioner thereafter filed, a petition under Section 151 of theCode of Civil Procedure (for shortthe Code') for restoration of the s...
Purushottam Lal Mang(Sic)uram Vs. Mst. Joro Bai and ors.
Court: Orissa
Decided on: Jan-02-1984
Reported in: AIR1984Ori202; 1984(I)OLR282
ORDERB.K. Behera, J. 1. This revision has been directed against the order passed by the learned Munsif, Sambalpur, rejecting the objections raised by the petitioner being the judgment-debtor in Execution Case No. 2 of 1975 with regard to the maintainability and continuance of the proceeding against him by the opposite parties for his eviction in pursuance of the order passed in November, 1974, under the Orissa House Rent Control Act initiated by Devidutta Agarwalla. The petitioner had unsuccessfully moved the appellate authority under the Act and had without success moved this Court in O. J. C. No. 644 of 1977 for quashing the order of eviction which was dismissed on December 1, 1977. 2. The petitioner made an application under Section 47 of the Civil P. C. (for short, the 'Code') in the aforesaid Execution Case alleging that proper enquiry regarding the insanity of Devidutta under Order 32, Rule 15 of the Code had not been made. This application was rejected by the executing court in ...
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